wrote in message
news:1115772108.714016.142190@f14g2000cwb.googlegroups.com...
> Hi,
>
> I am in the process of adjusting my status (I-485) based on diversity
> lottery 2005 program. My final interview is scheduled for July.
>
> I was F-1 student on OPT and have recently found a job but didn't start
> working as I was advised not to move to another city (new USCIS office)
> until I am done with this paperwork. Company for which I am going to
> work would like to file H-1B petition, tomorrow! since there is no
> guarantee I will get my green card approved.
>
> However, I am concerned that by filling H-1B pettition while I am
> waiting for the final green card interview (and already in the process
> of adjusting my status) can void my application or its denial. Company
> lawyers that are working on this H-1B paperwork claim that there is no
> problem with those two things filed at the same time?!
>
> Would this H-1B paperwork put in danger my green card application?
> Please advise... should I ask them not to file this at any cost, or
> assume there is going to be no problem?
The laywers are correct. An H-1B allows immigration intent, so filing one
should not endanger your AoS.
However, since you have a pending I-485, you also have the option to apply
for an EAD. But that may take up to 90 days (at which point you can apply
for an interim EAD if your application still hasn't been approved), so if
you have a master's degree an H-1B is a lot faster to get. Otherwise your
start date can't be earlier than Oct. 1 and then an EAD is the faster route.
Why are you worried your AoS may not be approved?
Jozef
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